[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Pages 30951-30953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11470]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Submission of Information Collection to the Office of Management 
and Budget for Review Under the Paperwork Reduction Act

AGENCY: Bureau of Indian Affairs, Interior.

[[Page 30952]]


ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this 
notice announces that the Bureau of Indian Affairs has submitted to the 
Office of Management Budget a request for approval and renewal of 
information collections, OMB Control No. 1076-0094, Law and Order on 
Indian Reservations, 25 CFR part 11, subpart F.

DATES: Written comments must be submitted by June 7, 2002.

ADDRESSES: Written comments are to be mailed to Office of Management 
and Budget, Docket Library, Room 10102, Attn.: Desk Officer for the 
Department of the Interior, 725 17th Street NW, Washington, DC 20503. 
Please send a copy to Ralph Gonzales, Office of Tribal Services, Bureau 
of Indian Affairs, 1849 C Street, NW, MS 4660-MIB, Washington, DC 
20240.

FOR FURTHER INFORMATION CONTACT: Ralph Gonzales, (202) 208-4401.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Bureau of Indian Affairs, Department of the Interior, must 
collect personal information to carry out the requirements of Title 25, 
Sec. 11.600 (c)--Marriage, and Title 25, Sec. 11.606 (c)--Dissolution 
of Marriage. Basic information is requested of applicants for the 
issuance of a marriage license or for the dissolution of a marriage by 
a Court of Indian offenses under 25 CFR part 11. Information is 
collected by the Clerk of the Court of Indian Offenses in order for the 
Court to issue a marriage license or dissolve a marriage. The 
information is collected on an application requesting only basic 
information necessary for the Court to properly dispose of the matter.

II. Method of Collection

    The information is collected on an application for the marriage 
license or for a dissolution of marriage.

III. Information Collected

    Courts of Indian Offenses (CFR Courts) have been established on 
certain Indian reservation under the authority vested in the Secretary 
of the Interior by 5 U.S.C. 301 and 25 U.S.C. 2 and 9; and 25 U.S.C. 
13, which authorizes appropriations for ``Indian judges.'' See Tillett 
v. Hodel, 730 F.Supp. 381 (W.D. Okla. 1990), aff'd 931 F.2d 636 (10th 
Cir. 1991) United States v. Clapox, 13 Sawy. 349, 35 F. 575 (D.Ore. 
1888). The CFR Courts provide adequate machinery for the administration 
of justice for Indian tribes in those areas where tribes retain 
jurisdiction over Indians and is exclusive of state jurisdiction but 
where tribal courts have not been established to exercise that 
jurisdiction. Accordingly, CFR Courts exercise jurisdiction under part 
11 of Title 25 Code of Federal Regulations. Domestic Relations are 
governed by 25 CFR 11.600 which authorizes the CFR Court to conduct 
marriages and dissolve marriages. In order to be married in a CFR Court 
a marriage license must be obtained (25 CFR 11.600, 601). To comply 
with this requirement an applicant must respond to the following six 
questions found at 25 CFR 11.600(c):
    (c) A marriage license application shall include the following 
information:
    (1) Name, sex, occupation, address, social security number, and 
date and place of birth of each party to the proposed marriage;
    (2) If either party was previously married, his or her name, and 
the date, place, and court in which the marriage was dissolved or 
declared invalid or the date and place of death of the former spouse;
    (3) Name and address of the parents or guardian of each party;
    (4) Whether the parties are related to each other and, if so, their 
relationship; and
    (5) The name and date of birth of any child of which both parties 
are parents, born before the making of the application, unless their 
parental rights and the parent and child relationship with respect to 
the child have been terminated.
    (6) A certificate of the results of any medical examination 
required by either applicable tribal ordinances, or the laws of the 
State in which the Indian country under the jurisdiction of the Court 
of Indian Offenses is located.
    For the purposes of Sec. 11.600, Marriage, Social Security number 
information is requested to confirm identity. Previous marriage 
information is requested to avoid multiple simultaneous marriages, and 
to ensure that any pre-existing legal relationships are dissolved. 
Information on consanguinity is requested to avoid conflict with state 
or tribal laws against marriages between parties who are related by 
blood as defined in such laws. Medical examination information may be 
requested if required under the laws of the state in which the Court of 
Indian offenses is located.
    To comply with the requirement for dissolution of marriage an 
applicant must respond to the following six questions found at 25 CFR 
11.606(c):
    (1) The age, occupation, and length of residence within the Indian 
country under the jurisdiction of the court of each party;
    (2) The date of the marriage and the place at which it was 
registered;
    (3) That jurisdictional requirements are met and that the marriage 
is irretrievably broken in that either (i) the parties have lived 
separate and apart for a period of more than 180 days next preceding 
the commencement of the proceeding or (ii) there is a serious marital 
discord adversely affecting the attitude of one or both of the parties 
toward the marriage, and there is no reasonable prospect of 
reconciliation;
    (4) The names, age, and addresses of all living children of the 
marriage and whether the wife is pregnant;
    (5) Any arrangement as to support, custody, and visitation of the 
children and maintenance of a spouse; and
    (6) The relief sought.
    For the purposes of Sec. 11.606, Dissolution proceedings, 
information on occupation and residency is necessary to establish court 
jurisdiction. Information on the status of the parties, whether they 
have lived apart 180 days or if there is serious marital discord 
warranting dissolution, is necessary for the court to determine if 
dissolution is proper. Information on the children of the marriage, 
their ages and whether the wife is pregnant is necessary for the court 
to determine the appropriate level of support that may be required from 
the non-custodial parent.
    Description of the need for the information and proposed use of the 
information: The information is submitted in order to obtain or retain 
a benefit, namely, the issuance of a marriage license or a decree of 
dissolution of marriage from the Court of Indian Offenses.
    Affected entities: Indian applicants that are under the 
jurisdiction of one of the 24 established Courts of Indian Offenses are 
entitled to receive the benefit of this action by the Court.
    Estimated number of respondents: Approximately 260 applications for 
a marriage license or petition for dissolution of marriage will be 
filed in the 24 Courts of Indian Offenses annually.
    Proposed frequency of responses: On occasion as needed.
    Burden: The average burden of submitting a marriage license or 
petition for dissolution of marriage is 15 minutes per application. The 
total annual burden is estimated as 65 hours.
    Estimated cost: There are no costs to consider, except estimated 
costs of $100 per court annually, for the material supplies and staff 
time required by the Court of Indian Offenses.

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IV. Request for Comments

    The Department of the Interior invites comments sent to the Office 
of Management and Budget on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden (including 
the hours and cost) of the proposed collection of information, 
including the validity of the methodology and assumption used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other collection techniques or 
other forms of information technology.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; to develop, acquire, install and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information, to search data sources, to 
complete and review the collection of information; and to transmit or 
otherwise disclose the information.
    Our request for comments was published in the Federal Register on 
January 23, 2002 (67 FR 3226). No comments were received.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information, unless it displays a 
currently valid Office of Management and Budget control number.

    Dated: April 30, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
[FR Doc. 02-11470 Filed 5-7-02; 8:45 am]
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